[Congressional Record (Bound Edition), Volume 146 (2000), Part 6]
[House]
[Pages 8912-8917]
[From the U.S. Government Publishing Office, www.gpo.gov]



                  CARDIAC ARREST SURVIVAL ACT OF 2000

  Mr. STEARNS. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 2498) to amend the Public Health Service Act to provide for 
recommendations of the Secretary of Health and Human Services regarding 
the placement of automatic external defibrillators in Federal buildings 
in order to improve survival rates of individuals who experience 
cardiac arrest in such buildings, and to establish protections from 
civil liability arising from the emergency use of the devices, as 
amended.
  The Clerk read as follows:

                               H.R. 2498

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Cardiac Arrest Survival Act 
     of 2000''.

     SEC. 2. FINDINGS.

       The Congress finds as follows:
       (1) Over 700 lives are lost every day to sudden cardiac 
     arrest in the United States alone.
       (2) Two out of every three sudden cardiac deaths occur 
     before a victim can reach a hospital.
       (3) More than 95 percent of these cardiac arrest victims 
     will die, many because of lack of readily available life 
     saving medical equipment.

[[Page 8913]]

       (4) With current medical technology, up to 30 percent of 
     cardiac arrest victims could be saved if victims had access 
     to immediate medical response, including defibrillation and 
     cardiopulmonary resuscitation.
       (5) Once a victim has suffered a cardiac arrest, every 
     minute that passes before returning the heart to a normal 
     rhythm decreases the chance of survival by 10 percent.
       (6) Most cardiac arrests are caused by abnormal heart 
     rhythms called ventricular fibrillation. Ventricular 
     fibrillation occurs when the heart's electrical system 
     malfunctions, causing a chaotic rhythm that prevents the 
     heart from pumping oxygen to the victim's brain and body.
       (7) Communities that have implemented programs ensuring 
     widespread public access to defibrillators, combined with 
     appropriate training, maintenance, and coordination with 
     local emergency medical systems, have dramatically improved 
     the survival rates from cardiac arrest.
       (8) Automated external defibrillator devices have been 
     demonstrated to be safe and effective, even when used by lay 
     people, since the devices are designed not to allow a user to 
     administer a shock until after the device has analyzed a 
     victim's heart rhythm and determined that an electric shock 
     is required.
       (9) Increasing public awareness regarding automated 
     external defibrillator devices and encouraging their use in 
     Federal buildings will greatly facilitate their adoption.
       (10) Limiting the liability of Good Samaritans and 
     acquirers of automated external defibrillator devices in 
     emergency situations may encourage the use of automated 
     external defibrillator devices, and result in saved lives.

     SEC. 3. RECOMMENDATIONS AND GUIDELINES OF SECRETARY OF HEALTH 
                   AND HUMAN SERVICES REGARDING AUTOMATED EXTERNAL 
                   DEFIBRILLATORS FOR FEDERAL BUILDINGS.

       Part B of title II of the Public Health Service Act (42 
     U.S.C. 238 et seq.) is amended by adding at the end the 
     following section:


     ``recommendations and guidelines regarding automated external 
                  defibrillators for federal buildings

       ``Sec. 247. (a) Guidelines on Placement.--The Secretary 
     shall establish guidelines with respect to placing automated 
     external defibrillator devices in Federal buildings. Such 
     guidelines shall take into account the extent to which such 
     devices may be used by lay persons, the typical number of 
     employees and visitors in the buildings, the extent of the 
     need for security measures regarding the buildings, buildings 
     or portions of buildings in which there are special 
     circumstances such as high electrical voltage or extreme heat 
     or cold, and such other factors as the Secretary determines 
     to be appropriate.
       ``(b) Related Recommendations.--The Secretary shall publish 
     in the Federal Register the recommendations of the Secretary 
     on the appropriate implementation of the placement of 
     automated external defibrillator devices under subsection 
     (a), including procedures for the following:
       ``(1) Implementing appropriate training courses in the use 
     of such devices, including the role of cardiopulmonary 
     resuscitation.
       ``(2) Proper maintenance and testing of the devices.
       ``(3) Ensuring coordination with appropriate licensed 
     professionals in the oversight of training of the devices.
       ``(4) Ensuring coordination with local emergency medical 
     systems regarding the placement and incidents of use of the 
     devices.
       ``(c) Consultations; Consideration of Certain 
     Recommendations.--In carrying out this section, the Secretary 
     shall--
       ``(1) consult with appropriate public and private entities;
       ``(2) consider the recommendations of national and local 
     public-health organizations for improving the survival rates 
     of individuals who experience cardiac arrest in nonhospital 
     settings by minimizing the time elapsing between the onset of 
     cardiac arrest and the initial medical response, including 
     defibrillation as necessary; and
       ``(3) consult with and counsel other Federal agencies where 
     such devices are to be used.
       ``(d) Date Certain for Establishing Guidelines and 
     Recommendations.--The Secretary shall comply with this 
     section not later than 180 days after the date of the 
     enactment of the Cardiac Arrest Survival Act of 2000.
       ``(e) Definitions.--For purposes of this section:
       ``(1) The term `automated external defibrillator device' 
     has the meaning given such term in section 248.
       ``(2) The term `Federal building' includes a building or 
     portion of a building leased or rented by a Federal agency, 
     and includes buildings on military installations of the 
     United States.''.

     SEC. 4. GOOD SAMARITAN PROTECTIONS REGARDING EMERGENCY USE OF 
                   AUTOMATED EXTERNAL DEFIBRILLATORS.

       Part B of title II of the Public Health Service Act, as 
     amended by section 3 of this Act, is amended by adding at the 
     end the following section:


       ``liability regarding emergency use of automated external 
                             defibrillators

       ``Sec. 248. (a) Good Samaritan Protections Regarding 
     AEDs.--Except as provided in subsection (b), any person who 
     uses or attempts to use an automated external defibrillator 
     device on a victim of a perceived medical emergency is immune 
     from civil liability for any harm resulting from the use or 
     attempted use of such device; and in addition, any person who 
     acquired the device is immune from such liability, if the 
     harm was not due to the failure of such acquirer of the 
     device--
       ``(1) to notify local emergency response personnel or other 
     appropriate entities of the most recent placement of the 
     device within a reasonable period of time after the device 
     was placed;
       ``(2) to properly maintain and test the device; or
       ``(3) to provide appropriate training in the use of the 
     device to an employee or agent of the acquirer when the 
     employee or agent was the person who used the device on the 
     victim, except that such requirement of training does not 
     apply if--
       ``(A) the employee or agent was not an employee or agent 
     who would have been reasonably expected to use the device; or
       ``(B) the period of time elapsing between the engagement of 
     the person as an employee or agent and the occurrence of the 
     harm (or between the acquisition of the device and the 
     occurrence of the harm, in any case in which the device was 
     acquired after such engagement of the person) was not a 
     reasonably sufficient period in which to provide the 
     training.
       ``(b) Inapplicability of Immunity.--Immunity under 
     subsection (a) does not apply to a person if--
       ``(1) the harm involved was caused by willful or criminal 
     misconduct, gross negligence, reckless misconduct, or a 
     conscious, flagrant indifference to the rights or safety of 
     the victim who was harmed; or
       ``(2) the person is a licensed or certified health 
     professional who used the automated external defibrillator 
     device while acting within the scope of the license or 
     certification of the professional and within the scope of the 
     employment or agency of the professional; or
       ``(3) the person is a hospital, clinic, or other entity 
     whose purpose is providing health care directly to patients, 
     and the harm was caused by an employee or agent of the entity 
     who used the device while acting within the scope of the 
     employment or agency of the employee or agent; or
       ``(4) the person is an acquirer of the device who leased 
     the device to a health care entity (or who otherwise provided 
     the device to such entity for compensation without selling 
     the device to the entity), and the harm was caused by an 
     employee or agent of the entity who used the device while 
     acting within the scope of the employment or agency of the 
     employee or agent.
       ``(c) Rules of Construction.--
       ``(1) In general.--The following applies with respect to 
     this section:
       ``(A) This section does not establish any cause of action, 
     or require that an automated external defibrillator device be 
     placed at any building or other location.
       ``(B) With respect to a class of persons for which this 
     section provides immunity from civil liability, this section 
     supersedes the law of a State only to the extent that the 
     State has no statute or regulations that provide persons in 
     such class with immunity for civil liability arising from the 
     use by such persons of automated external defibrillator 
     devices in emergency situations (within the meaning of the 
     State law or regulation involved).
       ``(C) This section does not waive any protection from 
     liability for Federal officers or employees under--
       ``(i) section 224; or
       ``(ii) sections 1346(b), 2672, and 2679 of title 28, United 
     States Code, or under alternative benefits provided by the 
     United States where the availability of such benefits 
     precludes a remedy under section 1346(b) of title 28.
       ``(2) Civil actions under federal law.--
       ``(A) In general.--The applicability of subsections (a) and 
     (b) includes applicability to any action for civil liability 
     described in subsection (a) that arises under Federal law.
       ``(B) Federal areas adopting state law.--If a geographic 
     area is under Federal jurisdiction and is located within a 
     State but out of the jurisdiction of the State, and if, 
     pursuant to Federal law, the law of the State applies in such 
     area regarding matters for which there is no applicable 
     Federal law, then an action for civil liability described in 
     subsection (a) that in such area arises under the law of the 
     State is subject to subsections (a) through (c) in lieu of 
     any related State law that would apply in such area in the 
     absence of this subparagraph.
       ``(d) Federal Jurisdiction.--In any civil action arising 
     under State law, the courts of the State involved have 
     jurisdiction to apply the provisions of this section 
     exclusive of the jurisdiction of the courts of the United 
     States.
       ``(e) Definitions.--
       ``(1) Perceived medical emergency.--For purposes of this 
     section, the term `perceived medical emergency' means 
     circumstances in which the behavior of an individual leads a 
     reasonable person to believe that the individual is 
     experiencing a life-threatening

[[Page 8914]]

     medical condition that requires an immediate medical response 
     regarding the heart or other cardiopulmonary functioning of 
     the individual.
       ``(2) Other definitions.--For purposes of this section:
       ``(A) The term `automated external defibrillator device' 
     means a defibrillator device that--
       ``(i) is commercially distributed in accordance with the 
     Federal Food, Drug, and Cosmetic Act;
       ``(ii) is capable of recognizing the presence or absence of 
     ventricular fibrillation, and is capable of determining 
     without intervention by the user of the device whether 
     defibrillation should be performed;
       ``(iii) upon determining that defibrillation should be 
     performed, is able to deliver an electrical shock to an 
     individual; and
       ``(iv) in the case of a defibrillator device that may be 
     operated in either an automated or a manual mode, is set to 
     operate in the automated mode.
       ``(B)(i) The term `harm' includes physical, nonphysical, 
     economic, and noneconomic losses.
       ``(ii) The term `economic loss' means any pecuniary loss 
     resulting from harm (including the loss of earnings or other 
     benefits related to employment, medical expense loss, 
     replacement services loss, loss due to death, burial costs, 
     and loss of business or employment opportunities) to the 
     extent recovery for such loss is allowed under applicable 
     State law.
       ``(iii) The term `noneconomic losses' means losses for 
     physical and emotional pain, suffering, inconvenience, 
     physical impairment, mental anguish, disfigurement, loss of 
     enjoyment of life, loss of society and companionship, loss of 
     consortium (other than loss of domestic service), hedonic 
     damages, injury to reputation and all other nonpecuniary 
     losses of any kind or nature.''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Florida (Mr. Stearns) and the gentlewoman from California (Mrs. Capps) 
each will control 20 minutes.
  The Chair recognizes the gentleman from Florida (Mr. Stearns).


                             General Leave

  Mr. STEARNS. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days within which to revise and extend their 
remarks and insert extraneous material on H.R. 2498.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Florida?
  There was no objection.
  Mr. STEARNS. Mr. Speaker, I yield myself such time as I may consume.

                              {time}  1445

  Mr. Speaker, between 200,000 to 300,000 American lives are lost every 
year to sudden cardiac arrest in the United States. It is estimated 
that over 30 percent of these victims could be saved if they had access 
to immediate medical response, including defibrillation.
  A large number of sudden cardiac arrests are due to an electrical 
malfunction of the heart called ventricular fibrillation, VF. Now, when 
VF occurs, the heart's electrical signals, which normally induce a 
coordinated heartbeat, suddenly become chaotic, and the heart's 
function as a pump abruptly stops. Unless this state is reversed, then 
death will occur within a few minutes. The only effective treatment for 
this condition is defibrillation, the electrical shock to the heart.
  For the last several years, I have been working closely with the 
American Heart Association, the American Red Cross, and local emergency 
medical systems to develop bipartisan congressional legislation to 
encourage the widespread use of automated external defibrillator 
devices to help save our lives. We have been successful, and that is 
why we are here on the House floor today.
  I want to thank the chairman of the Subcommittee on Health, the 
gentleman from Florida (Mr. Bilirakis), for his efforts, his 
coordination and his support and encouragement. I also want to thank 
the chairman of the subcommittee, the gentleman from Virginia (Mr. 
Bliley), for his support in bringing this forward through the 
committee.
  My colleagues, automated external defibrillators, or AEDs, are small, 
portable medical devices regulated by the Food and Drug Administration, 
that can measure a victim's heart rate, determine whether the victim is 
suffering from ventricular fibrillation and if an electric shock is 
necessary, and can even instruct the layperson whether and when to 
shock the victim and when to perform CPR.
  I have a chart here called ``The Chain of Survival.'' Clearly, my 
colleagues can see from the chain of survival the four links are early 
access to emergency care, early cardiopulmonary resuscitation, early 
defibrillation, and early advanced life supports.
  While defibrillation is the most effective mechanism to revive a 
heart that has stopped, it is also the least accessed tool we have 
available to treat victims suffering from heart failure.
  My colleagues, these devices are very safe, effective, and they do 
not allow a shock to be administered until after the device has 
measured the victim's heart and determined whether a shock is required.
  Earlier this month, the Subcommittee on Health and Environment held a 
very moving hearing on H.R. 2498, and many of my colleagues said it was 
the best hearing they have ever seen. We heard from Dr. Richard 
Hardman, who helped design and implement an AED program in Las Vegas. 
Dr. Hardman helped train over 6,500 security officers to achieve an 
average internal emergency medical response time of less than 3 
minutes.
  With over 200 sudden cardiac arrests occurring in covered locations 
in this region of Las Vegas, this AED program was able to save an 
astounding 57 percent of the victims.
  Dr. Hardman showed the subcommittee a videotape of an actual cardiac 
arrest victim, who was treated with an AED device from lay bystanders 
in the casino and was successfully shocked back to life within minutes. 
This could happen to any one of us.
  For example, we heard moving testimony from Robert Adams, a 42-year-
old attorney, younger than many of us, an NCAA referee, an outstanding 
college athlete, captain of his basketball team, in the prime of 
health, who had recently passed several extensive physical exams with 
flying colors; and yet he, too, suffered a sudden cardiac arrest on the 
July 3rd weekend in Grand Central Station in New York City.
  By the grace of God, fortunately, the station had just received 
delivery of an AED the day before. A couple of nearby construction 
workers saw Mr. Adams fall to the ground, they grabbed the AED which 
was still in its packaging, still in the box, and they hoped and prayed 
that batteries were part and parcel of that box. They hoped they were 
installed and charged and ready to go. Indeed, they were and they 
shocked Mr. Adams back to life.
  Mr. Adams has three children, the youngest of whom was only 1 year 
old at the time. Those children would not have their father today had 
Grand Central Station not procured this AED and been willing to 
publicly install an AED device and, of course, that the unrelated 
bystanders been willing to use it to save his life.
  Let me move to this other chart, ``Every Minute Counts.'' This is a 
very important chart. We can see that for every minute that goes by, we 
can see the effects that it will have on a person who suffers from 
ventricular fibrillation; and surely, surely, if we can save this many 
lives with just having this very small inconspicuous device, this bill 
will promote and save lives.
  Do my colleagues know that for every minute of delay in returning the 
heart to its normal pattern of beating, it decreases the chances of 
that person's survival by 10 percent?
  Unfortunately, according to the testimony of Dr. Hardman and AED 
legal expert Richard Lazar, AEDs are not being widely employed because 
of the perception, the simple perception among us that would-be 
purchasers and users of AED would get sued.
  This is a lot like the debate with the fire extinguishers 100 years 
ago; but our bill, H.R. 2498 removes a barrier to adopting AED 
programs. If a Good Samaritan, like someone in the Bible, or a building 
owner or a renter of the building acts in good faith and he or she uses 
the AED to save someone's life, this bill will protect them from unfair 
lawsuits.
  We may not want to force people to provide medical care to someone 
having a heart attack; but, my colleagues, if they are willing to do 
so, we should

[[Page 8915]]

not put them at risk of being sued for unlimited damages if something 
goes wrong.
  This legislation directs the Secretary of Health and Human Services 
to develop guidelines for the placement of defibrillators in Federal 
buildings. It is inexcusable that we do not have these live-saving 
devices widely available in Federal buildings across the United States.
  We need, Mr. Speaker, to be a role model for the private sector by 
demonstrating our commitment to protecting the lives of Federal 
employees, military personnel, and private citizens who are visiting 
our museums, our public buildings throughout the United States, 
including Social Security offices and, of course, parks and recreation 
areas.
  H.R. 2498 does not impose any new regulation or obligations on the 
private sector. It does not preempt State law where the State has 
provided immunity for the person being sued.
  Almost 150 bipartisan Members have now cosponsored this bill. This 
legislation passed in both the subcommittee and full committee by 
unanimous voice vote. We have received letters of support by the 
National Safe Kid Campaign, the National Fire Protection Association, 
the American Academy of Pediatrics, the American Association for 
Respiratory Care, the International Association of Fire Chiefs, and 
many, many more.
  Even President Clinton talked about it last week in his radio address 
and promoted the use of defibrillators and talked about this bill. I 
commend the President for recognizing and bringing it to the public's 
attention through his presidency.
  This helps saves the lives of almost 250,000 Americans who annually 
are affected with sudden cardiac arrest. So I hope my colleagues will 
support and pass the Cardiac Arrest Survival Act of 2000.
  Mr. Speaker, I reserve the balance of my time.
  Mrs. CAPPS. Mr. Speaker, I yield myself such time as I may consume.
  I rise today in strong support of a lifesaving piece of legislation, 
the Cardiac Arrest Survival Act. I would like to commend the gentleman 
from Florida (Mr. Stearns) for introducing this legislation, for 
working hard to ensure that it would receive a full hearing in the 
committee level.
  I want also to commend the gentleman from Michigan (Mr. Dingell), the 
gentleman from Ohio (Mr. Brown), the gentleman from Virginia (Chairman 
Bliley), the gentleman from Florida (Mr. Bilirakis), my colleagues on 
the Committee on Commerce, for moving it through our committee 
structure.
  The Cardiac Arrest Survival Act does two key things. First, it 
instructs the Secretary of Health and Human Services to make 
recommendations to promote public access to defibrillation programs in 
Federal buildings and other public buildings across the country. These 
recommendations would ensure the health and safety of all Americans by 
encouraging ready access to the tools needed to improve cardiac arrest 
survival rates.
  Second, this act extends Good Samaritan protections to Automatic 
External Defibrillator users and the acquirers of the devices in those 
States who do not currently have AED Good Samaritan protections. This 
protection will help encourage lay persons to respond in a cardiac 
emergency by using the external defibrillation device.
  These devices, AEDs, are small, easy to use and laptop size. They can 
analyze the heart rhythms of a person in cardiac arrest to determine if 
a shock is necessary; and when it is necessary, they will automatically 
deliver a lifesaving shock to the heart.
  Every minute that passes before a cardiac arrest victim's heart is 
defibrillated or shocked back into rhythm, every minute that passes, 
his or her chance of survival decreases by as much as 10 percent. As a 
result, less than 5 percent of out-of-hospital cardiac arrest victims 
will even survive.
  Recently, I was very fortunate to hear the testimony of Mr. Robert 
Adams, describing how his life was saved in Grand Central Station in 
New York City by a publicly available AED. This moving story is a sure 
indication of the lifesaving capabilities that this bill will unleash.
  Currently, I serve as the cochair of the Heart and Stroke Coalition 
in the House, so I have a special interest in the area of heart 
disease. Working closely with the American Heart Association, the 
American Red Cross, this coalition is a bipartisan and bicameral group 
which is concerned with heightening awareness of heart attack, stroke, 
and other cardiovascular diseases.
  Additionally, the coalition works to promote research opportunities 
in the area of heart disease and stroke and acts as a greater resource 
on key issues, such as public access to automatic external 
defibrillators.
  The American Heart Association estimates that, with increased access 
to AEDs, up to 50,000 lives could be saved each year. That is reason 
enough for us to pass this legislation.
  So I urge my colleagues to support H.R. 2498, the Cardiac Arrest 
Survival Act.
  Mr. Speaker, I reserve the balance of my time.
  Mr. STEARNS. Mr. Speaker, I yield 3 minutes to the gentlewoman from 
Maryland (Mrs. Morella).
  Mrs. MORELLA. Mr. Speaker, I thank the gentleman for yielding the 
time to me, and I rise today to urge support for H.R. 2498, the Cardiac 
Arrest Survival Act.
  I certainly want to commend him for his leadership and sponsorship of 
this resolution which is so important to all of us in this country. I 
also want to commend the gentlewoman from California (Mrs. Capps) for 
her constant attention to health issues, and this is indeed a situation 
of public health.
  This legislation that the gentleman from Florida (Mr. Stearns) has 
introduced places automatic external defibrillators, AEDs as they call 
them in the acronym, in Federal agencies. It would help with public 
access. What it does is it establishes the Federal Government as a role 
model. Guidelines will be established, in the hopes that the private 
sector will also follow and State governments will follow.
  Public access to AEDs, in the words of Dr. Tom Aufderheide, an 
associate professor of emergency medicine at the Medical College of 
Wisconsin, Milwaukee, represents potentially the single greatest 
advance in the treatment of cardiac arrest since the development of 
CPR.

                              {time}  1500

  Approximately 350,000 Americans die annually from sudden cardiac 
death. If we can make the use of AEDs more widespread, that 
tremendously high loss of life will indeed diminish.
  More and more people are taking courses to familiarize themselves 
with both CPR and the use of an AED. In addition, the machine is not 
difficult to use. It automatically analyzes heart rhythm and decides 
whether to shock. It also gives verbal prompts at each step, and it 
even has pictures on the pads to show where to attach them to the 
chest.
  I want to share with my colleagues one story that appeared in the 
American Medical News that conveys the importance of this legislation. 
On August 20 of last year, a Ms. Sherry Caffrey was on the phone at 
Chicago's Midway Airport when a man nearby fell to the ground. 
Fortunately, an AED was mounted on the wall near her and she 
administered a single electrical shock to his heart which saved his 
life. And this is not an isolated episode. Since this incident last 
year, there has been at least one save almost weekly at Chicago's 
Midway Airport using one of the 42 defibrillators which are placed 
throughout the airport.
  By increasing training and the availability of these life-saving 
devices, we can dramatically reduce the number of individuals who die 
each year from cardiac arrest. This legislation makes that goal more 
attainable. I strongly urge my colleagues to support H.R. 2498, Mr. 
Speaker.
  Mrs. CAPPS. Mr. Speaker, I yield 3 minutes to the gentlewoman from 
Indiana (Ms. Carson).
  Ms. CARSON. Mr. Speaker, I thank the gentlewoman from California for 
yielding me this time, and I express my

[[Page 8916]]

appreciation for those responsible for bringing into fruition and to 
the House today the Cardiac Survival Act of 1999.
  I would like to indicate in my remarks that heart disease, of course, 
is the leading cause of death among women in this country, and anything 
we can do as a body politic to allay future problems with health and 
heart attacks among women that take them out, we need to do that.
  Each year more than 250,000 adults suffer cardiac arrest, and more 
than 95 percent of them die. The Cardiac Survival Act of 1999 increases 
access to defibrillators in public buildings, and certainly it will 
save lives. Every minute that passes before returning the heart to a 
normal rhythm after a cardiac arrest causes the chance of survival to 
fall by 10 percent. That is for every minute.
  It is clear that in cases of cardiac arrest, time is of essence. For 
instance, in my hometown of Indianapolis, Indiana, I remember hearing 
about a very frightening incident of a middle-aged man who was in full 
cardiac arrest while jogging at the National Institute For Fitness and 
Sports, where I am also a member. Thanks to the quick and heroic 
efforts of the staff at NIFS, who had access to a defibrillator, were 
trained in its operation, the man's life was saved.
  Mr. Speaker, we have seen to it that we have these devices here for 
our safety and for the safety of those who visit here. It is fitting 
that we act to extend this benefit to more Americans in every place 
that we possibly can. I am pleased to support this legislation, Mr. 
Speaker, because it increases access to vital lifesaving technologies.
  Mrs. CAPPS. Mr. Speaker, I yield myself the balance of my time, and I 
want to remind and encourage all of our colleagues to support this 
lifesaving piece of legislation, the Cardiac Arrest Survival Act. By 
setting the example through authorizing the use of automatic 
defibrillators in public buildings, in Federal buildings, we will do 
our part in saving additional lives. We will also be setting a great 
example for this country in the way we want to move forward.
  Again, I commend my colleague for bringing forward the bill and urge 
its passage.
  Mr. Speaker, I have no further requests for time, and I yield back 
the balance of my time.
  Mr. STEARNS. Mr. Speaker, I yield myself the balance of my time, and 
I want to thank the gentlewoman from California (Mrs. Capps) for her 
support and the support of my colleagues in the Committee on Commerce.
  I would just conclude by telling a quick story of a good and close 
friend of mine. He and his wife are a member of our church, and they 
have four children. He was in his early 60s and he went to the golf 
course. As my colleagues know, in Florida there are lots of golf 
courses; and people are there all the time. It was in the morning, and 
he was playing golf when suddenly he had a cardiac arrest. 
Unfortunately, there was not an automated external defibrillator there. 
He died. And I felt it was very sad for he and his family, and that 
made the commitment on my part and the people who supported this bill 
even stronger to get this through the House.
  Of course, after it is approved by the Senate it will then go to the 
President to be signed. So I think it is a great day for all the 
organizations that have supported us, been with us for these many, many 
years as we have garnered support and attempted to convince our 
colleagues that, one, the good Samaritan clause was innocuous, that 
there was nothing to worry about; that much like fire extinguishers the 
day has come for automated external defibrillators. We need to have 
these not only in the public Federal buildings but all the local 
buildings. And, of course, hopefully, some day they will be just as 
apparent and obvious as fire extinguishers, and they will save at least 
50,000 lives every year.
  And remember, 50,000 lives is an enormous amount of savings of health 
care costs. So just this small little device that automatically tells 
someone what to do, is very safe, and for which the cost is coming 
down, could save any one of our lives in this House today. So I urge my 
colleagues' support.
  Mr. BENTSEN. Mr. Speaker, as a cosponsor of this bill, I rise in 
strong support of the Cardiac Arrest Survival Act, HR 2498. This 
legislation ensures that Automatic External Defibrillators will be 
placed in federal buildings to assist heart-attack victims within 90 
days of enactment. This legislation also includes a critically 
important provision to ensure that any person who uses these devices is 
provided limited immunity from civil liability.
  Automatic External Defibrillators (AEDs) have been found to save 
lives and reduce health care costs. According to the American Heart 
Association, in cities where Emergency Medical Systems (EMS) response 
is rapid, the survival rate increased from 9 percent to 30 when AEDs 
were available to first responders. Yet only 30 percent of EMS have 
AEDs to treat heart attack victims. This legislation would ensure that 
AEDs are more widely available.
  Recently, many airlines have started to keep AEDs for their crews to 
assist passengers and they have been proven to save lives. This 
legislation would build upon this trend by providing AEDs in all 
federal buildings where many Americans work and visit. AEDs are easy to 
use and do not require advanced training to operate. In fact, they 
automatically calculate whether it would be appropriate to treat an 
individual or not and then determine what is the appropriate level of 
treatment to use. They are also much less cumbersome than in the past. 
The latest models of AEDs weigh less than 10 pounds, an amount that 
most individuals can carry and maneuver without much effort.
  This measure also provides immunity from civil liability for those 
who provide emergency medical assistance to heart attack victims 
through the use of an AED. These ``Good Samaritans'' would not be 
liable to any ``personal injury or wrongful death'' that might result 
from providing care for a heart attack victim. With this protection, I 
believe more Americans will be willing to help each other in their time 
of need. This bill also exempts any person who maintains, tests, or 
provides training in the use of these devices. In order to protect 
heart attack victims, the immunity granted in this bill does not apply 
to any person who engages in gross negligence, willful, or wanton 
misconduct.
  This legislation is an important part of our effort to educate more 
Americans about the need to treat and help heart attack victims. In 
1997, heart attacks are the single leading cause of death in America. 
Today, one in five deaths are related to heart attacks and more than 
450,000 Americans died of heart attack in 1997. Clearly we must do more 
to prevent and treat these heart attack victims so that there will be 
better outcomes. this legislation is a good first step in meeting this 
challenge.
  I urge my colleagues to support this legislation.
  Mr. DINGELL. Mr. Speaker, I rise in support of H.R. 2498, the Cardiac 
Arrest Survival Act of 2000, which was reported by voice vote by the 
Committee on Commerce. I want to take this opportunity to commend the 
Chairman of the Subcommittee, Mr. Bilirakis, the Chairman of the full 
Committee, Mr. Bliley, and the author of the bill, Mr. Stearns, for 
their work in bringing this legislation to the floor. This legislation 
has 130 cosponsors, including 13 Democratic members of the Committee on 
Commerce. It is also supported by the American Red Cross, the American 
Heart Association, and the Administration.
  Mr. Speaker, testimony before the Committee showed that returning the 
heart to its normal rhythm quickly is the single most important thing 
needed to improve the chance of survival from cardiac arrest. In Las 
Vegas, where automated electronic defibrillators have been placed in 
casinos and casino employees have been trained in their use, the out-
of-hospital survival rate from cardiac arrest has increased 
dramatically. Prior to the widespread deployment of these devices, the 
cardiac arrest survival rate in Las Vegas was only 10 percent; it is 
now 57 percent.
  Defibrillation clearly saves lives. The purpose of H.R. 2498, 
therefore, is to encourage Federal agencies to install automated 
external defibrillators in their buildings and to give so-called ``Good 
Samaritan'' protections from liability for people who use or acquire 
these devices. The bill's liability protections do not

[[Page 8917]]

apply if the harm was caused by a person's conscious, flagrant 
indifference to the rights or safety of the victim. Nor does it apply 
if it is being used by a doctor or nurse or other licensed professional 
in their scope of employment, or if it is being used by a hospital or 
other health care entity. Certain other limited exceptions apply.
  As reported by the Committee on Commerce, H.R. 2498 is consistent 
with legislation which passed the Senate by unanimous consent last 
year. I might add that the Department of Justice, in a letter to 
Chairman Bliley dated May 8, 2000, stated that it, too, supports this 
legislation with the changes adopted by the Committee on Commerce in 
the reported bill before us today.
  Mr. Speaker, I urge my colleagues to vote for this legislation.
  Mr. DAVIS of Virginia. Mr. Speaker, I rise today in support of H.R. 
2498, the Cardiac Arrest Survival Act. This critical piece of 
legislation would improve survival rates for victims of cardiac arrest 
by expanding access to cardiac defibrillators in federal buildings.
  Everyday 1,000 Americans suffer from sudden cardiac arrest, usually 
outside of a hospital setting. Unfortunately, more than 95 percent of 
these victims die because life-saving equipment is not readily 
available or arrives too late. When a defibrillator is used to deliver 
a shock to a heart with an abnormal rhythm, survival rates for cardiac 
arrest sufferers increases to as much as 20-30 percent. Every minute of 
delay in access to defibrillators leads to a ten percent decrease in 
life expectancy. Therefore, it is vital that Automated External 
Defibrillators (AEDs) be made available for use in public areas and the 
public should be educated on how to operate this user-friendly life 
saving equipment.
  H.R. 2498 directs the Secretary of Health and Human Services to 
develop recommendations for public access to defibrillation programs in 
Federal buildings in order to improve survival rates of people who 
suffer cardiac arrest in Federal facilities. Federal buildings 
throughout America will be encouraged to serve as examples of rapid 
response to cardiac arrest emergencies through the implementation of 
public access to defibrillation programs. The programs will include 
training proper personnel in the use of the AED, notifying local 
emergency medical services of the placement of AEDs, and ensuring 
proper medical oversight and proper maintenance of the device. 
Furthermore, this bill seeks to fill in this gaps with respect to 
States that have not acted on AED legislation by extending good 
samaritan liability protection to people involved in the use of the 
AED.
  I commend Representative Cliff Stearns for introducing this life-
saving piece of legislation. And I urge all my colleagues to vote in 
support of the Cardiac Arrest Survival Act, which could save up to 
50,000 lives each year by increasing access to Automated External 
Defibrillators.
  I also want to take the opportunity to recognize a very special group 
of high school students from my district who have been working 
feverishly in support of H.R. 2498. The 341 members of the Distributive 
Education Clubs of America (DECA) Chapter at Robinson Secondary School 
launched a dual campaign last fall to not only work towards the 
successful passage of H.R. 2498, but to also educate the public about 
the benefits of AEDs.
  Robinson's DECA Chapter recognized that a group of potential sudden 
cardiac arrest victims have been ignored by the public: teenagers. 
These energetic members sought to rectify this situation by initiating 
a public relations campaign to raise general awareness about the 
benefits of AEDs and to outfit high schools with these valuable 
devices. In a school as large as Robinson Secondary School, with 5,000 
teachers, students, administrators, and community members, the need for 
an AED is particularly evident. In order to acquire the first student-
purchased AED in the country, Robinson DECA held the Heart Start 
Shopping Night and raised the needed $3,500.
  In working with the American Heart Association and a professional 
adult advisor committee, Robinson DECA also realized that not every 
state currently has legislation to provide Good Samaritan protection 
for operators of the AED. This motivated DECA to work in support of the 
passage of H.R. 2495, the Cardiac Survival Act. Their lobbying efforts 
included developing a slogan and logo, researching H.R. 2495 in order 
to write a research paper, personally lobbying all 435 House of 
Representative members and staff, staging a rally on the steps of the 
United States Capitol, holding a press conference, and designating and 
operating an internet home page.
  Mr. Speaker, I applaud Robinson DECA's enthusiasm and dedication in 
helping others understand the great need for AEDs. And I share their 
pride today in seeing this vital bill coming to a vote on the House 
floor.
  Mr. BILIRAKIS. Mr. Speaker, I rise in support of H.R. 2498, the 
Cardiac Arrest Survival Act of 2000. This bipartisan bill was 
authorized by my Florida colleague, Congressman Cliff Stearns. It was 
unanimously approved by the Health and Environment Subcommittee on May 
9, and it was reported favorably by the Commerce Committee on May 17.
  Mr. Speaker, a quarter million Americans die each year due to cardiac 
arrest. Many of these victims could be saved if portable medical 
devices called automated external defibrillators or ``AEDs'' were used. 
AEDs can analyze heart rhythms for abnormalities, and if warranted, 
deliver a life-saving shock to the heart. Experts estimate that 20,000 
to 100,000 lives could be saved annually by greater access to AEDs.
  H.R. 2498 directs the Secretary of Health and Human Services to issue 
regulations to provide for the placement of AEDs in federal buildings. 
The bill also establishes protections from civil liability arising from 
the emergency use of the devices.
  During committee consideration of the bill, it was amended to give 
the Secretary of Health and Human Services greater flexibility to 
update the guidelines over time and greater guidance as to what types 
of assistance and involvement Congress intends. The amendments also 
clarified the liability provisions and incorporated standards for AED 
use and training.
  The bill before us enjoys the strong support of the American Red 
Cross and the American Heart Association, as well as many Members on 
both sides of the aisle. It is rare that a solution to a problem so 
readily presents itself. We must seize this opportunity to reduce the 
number of lives tragically lost to cardiac arrest. I urge all Members 
to join me today in supporting this important legislation.
  Mr. STEARNS. Mr. Speaker, I have no further requests for time, and I 
yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Calvert). The question is on the motion 
offered by the gentleman from Florida (Mr. Stearns) that the House 
suspend the rules and pass the bill, H.R. 2498, as amended.
  The question was taken.
  Mr. STEARNS. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.

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